Franco Pianegonda

TERMS AND CONDITIONS

FRANCOPIANEGONDA.net ("FRANCOPIANEGONDA" "we" "us") website(s) (our "Site" or "Sites") and related services are made available to you in accordance with the following Terms of Use & Service, and any other rules posted on our Sites (collectively, the "TOS"). Please read the TOS carefully before placing any orders on FRANCOPIANEGONDA.net . We recommend you should keep a copy of the TOS for future reference.

FRANCOPIANEGONDA.net is a website and trading name who’s product are solely distributed by PRCLICK.at GMBH, a company registered in AUSTRIA under registration number 150/9918. Our registered address is Schrödingerstraße 61, 9020 Klagenfurt, Osterreich. Our VAT number is ATU67965008.

ORDERS

In order to make purchases on the Site you will be required to provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the Billing information provided.

The Site is available only to individuals. Products purchased by the buyer are for personal or gift use and should not be re-sold, used for commercial purposes or any other commercial benefit. In addition, FRANCOPIANEGONDA.net reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.

By making an offer to purchase merchandise you expressly authorize us to perform credit checks and where FRANCOPIANEGONDA.net feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties

Furthermore, you agree that we may use Personal Information provided by you in order to conduct appropriate anti fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.

All orders are subject to acceptance and availability, and items in your shopping basket are not reserved and may be purchased by other customers.

offers products for sale are hand manufactured for You, Your size, Your requirements. We may be waiting for production and shipments up to 2 or 3 weeks form order placing time. Consequently you may from time to time be given the possibility of making an Advance Payment for certain items in which case you are able to make an Advance Purchase. This will ensure that you receive this item in priority.

Items received into stock may be pre-allocated to satisfy Advance Payment orders and customers making Advance Payments will receive items in priority to customers on the Waiting List or customers ordering through the Site for immediate delivery. Please be aware that we may be unable to deliver selected Advance Payment merchandise due to production problems or quality check issues identified when we receive an order into stock. In these circumstances we will notify you by email and refund the Advance Payment to your credit/debit card within thirty days of being advised that merchandise has become unavailable.

If you have registered your email address for notification of the arrival of a specific product featured on our Site, we will attempt to notify you by email within 48 hours of the product becoming available on the Site. Please be aware that on occasion certain products that are in particularly high demand will sell out during this period.

FRANCOPIANEGONDA.net will store a record of your transactions for a minimum of one year.

PRICING POLICY

Prices shown on the Site are in USD or Euros and are inclusive of VAT at the applicable rate.

All prices and offers remain valid as advertised from time to time.

Product prices are set at the beginning of each season using existing currency exchange rates. These prices are subject to change if the applicable currency exchange rate changes, but we will honore any order at the price indicated at the time the order was taken, except evident system or typing error by our staff.

Customers purchasing from a country in the EU community-area will be charged for the items purchased only and shipping costs will be free of charge. Customers purchasing from outside the EU community-are will still benefit from our free-shipping-charges offer, and will need to pay Import duty or tax costs that will be invoiced to you directly from DHL or an import broker appointed by you. We recommend you contact your local customs authority to determine a landed cost price prior to purchase completion.

If you are a customer whose credit/debit card is not denominated in Sterling or Euros, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.

ACCEPTANCE OF YOUR ORDER

The acceptance of your order and completion of the contract between you and FRANCOPIANEGONDa.net will be completed when we email you to confirm the goods have been dispatched. The sale contract is therefore concluded in Klagenfurt, Austria and the language of the contract is German. Neither our third party payment processor nor our nominated courier has the authority to accept an order on behalf of FRANCOPAINEGONDA.net.

We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within the TOS. If Your order is not accepted we will notify You in the shortest time possible and we will immediately refund the full amount You paid.

SHIPPING AND INSURANCE

You will own the goods on and from the later of the point in time when: (a) we receive payment in full, or (b) we deliver the goods to you.

FRANCOPIANEGONDA.net insures each purchase during the time it is in transit until it is delivered to your specified delivery address. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfillment by FRANCOPIANEGONDA.net, and transfer of responsibility in the same way. The goods are your responsibility from the time we deliver them to the address you gave us.

DHL can deliver to certain destinations without collecting a signature. If this option applies to your delivery address, you can update your preference on the shipping page at checkout before proceeding to purchase. Please note, that if no signature is collected, you agree to our terms and conditions and, confirm that FRANCOPIANEGONDA.net can leave your package(s) outside the premises at the shipping address provided by you without obtaining a signature for proof of delivery and take full responsibility for any loss or damage that may occur. On occasion, DHL may refuse to deliver your order if they are of the opinion that the shipping address is considered to be unsafe.

Please note that we aim to dispatch all orders within 24 hours, or 48 hours during sale periods. Delivery times appearing on the site are estimates and are to be used as a guide only and commence from the date of dispatch. In any event, we will deliver the goods to you within 30 days of the day on which we accept your order. FRANCOPIANEGONDA.net is not responsible for any delays caused by destination customs clearance processes.

If delivery is delayed by any event outside of our control, we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to cancel your order and we will give you a refund for any goods you have paid for but not received.

RETURNS AND EXCHANGES

If you are based in the EU under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (ICACRs), you have the right to cancel your order with us provided you give us written notice.

Right to Cancel under the ICACRs

You have the right to cancel your order within 14 days without giving any reason.

The cancellation period will expire 14 days from the day after the day on which you (or someone you nominate, other than a carrier) receives the last of the goods.

To exercise the right to cancel, you must inform us by letter to: Notice of Contract Cancellation, PRCLICK.at GMBH - Schrödingerstraße 61, 9020 Klagenfurt- OSTERREICH, or by email to: admin@prclick.at.

For orders cancelled under the ICACRs, we will issue you with a full refund including the shipping cost paid by you. We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.

We will make reimbursement without undue delay, and not later than:

  1. 14 days after the day we receive back from you any of the goods supplied or
  2. (if earlier) 14 days after the day you provide us with evidence that the good have been returned or
  3. If no goods were supplied, 14 days after the day on which we are informed about your cancellation

We will make reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the re-imbursement.

In the event that we have sent goods to you and you have cancelled your order, we may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent the goods back, whichever is the earliest. If we do not receive the goods back, we may arrange to have them collected from you at your cost.

You shall return cancelled orders to: PRCLICK.at GMBH - Schrödingerstraße 61, 9020 Klagenfurt, OSTERREICH, using a jewell forwarder, we sufggest the shipment to be insured for the full value of goods, without undue delay and in any event not later than 14 days from day on which you communicate your cancellation of the contract to us. The deadline is met if you send the goods before the period of 14 days has expired.

You will have to bear the cost of returning the goods.

You are only liable for any diminished value of the goods resulting from the handling, other than what is necessary to establish the nature, characteristics and functioning of the goods.

Please note you may only use your right to cancel the order under the ICACRs if you give us formal written notice of cancellation any time after your order has been placed, up until 14 calendar days from the day after you receive your order, by email or post as described above.

RETURNS AND EXCHANGES

If You want to exchange your purchased item, after contacting our client service at: info@francopianegonda.net, You must request your Returns Merchandise Authorization (RMA) number within 14 days of order receipt, and return your unwanted items within 14 days of receiving your RMA number, for a refund of the value of the item only, or an exchange for the same item in a different size, based on stock availability. If you wish to exchange your item for an alternative product, we suggest that you return it for a store credit and purchase the new item separately.

Our policy

Items should be returned unused and with all FRANCOPIANEGONDA.net and designer garment tags still attached. Returns that are damaged or soiled will not be accepted and will be sent back to the customer and/or a refund refused.

Please email info@francopianegonda.net if any questions.

NO COMMERCIAL USE

This Site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, data mine or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.

YOUR ACTIVITY

You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on and pursuant to this Site. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the TOS, we may deny you access to this Site on a temporary or permanent basis.

THIRD PARTY SITES

We may include hyperlinks on this Site to other websites or resources operated by parties other than FRANCOPIANEGONDA.net, including advertisers. FRANCOPIANEGONDA.net has not reviewed all of the sites linked to its Web Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.

LIMITS ON OUR LIABILITY

We accept liability for death and personal injury arising from our negligence or that of our employees and agents. We do not seek to exclude our liability for fraudulent misrepresentation by us or our employees or agents.

Nothing in this Agreement is intended to affect your rights under the law (see "Your Rights" above).

If FRANCOPIANEGONDA.net fail to comply with the TOS, we are responsible for loss or damage you suffer as a foreseeable result of us breaching the TOS. Loss or damage is foreseeable if it is obvious that it will happen or if, at the time the contract is made, both you and FRANCOPIANEGONDA.net knew it might happen, for example, if you discussed it with us during the sales process. We will only be liable for loss or damage up to 150% of the total value of goods purchased.

We are not responsible for losses not caused by our breach or negligence, indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us (for example, loss of profits or loss of opportunity).

We are also not responsible for failure to meet any of our obligations under the TOS where such failure is due to events beyond our reasonable control.

COMPENSATION

At our request, you agree to compensate us fully, defend us, and hold us FRANCOPIANEGONDA.net harmless immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the TOS by you, including the use by any other persons accessing this Site using your Internet account caused by your action or inaction.

OUR RELATIONSHIP

You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and FRANCOPIANEGONDA.net as a result of the TOS or your use of this Site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of FRANCOPIANEGONDA.net, and we shall not be liable for any representation, act, or omission on your part.

NO WAIVER

If you breach the TOS and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the TOS.

COMPLAINTS AND GOVERNING LAW

If you have a complaint about us email info@francopianegonda.net giving full details including date of purchase and order reference number where applicable and your full name and address and contact details. The TOS together with all our policies and procedures will be governed by and construed in accordance to the Austrian law and the relevant courts of Austria will have exclusive jurisdiction.